Salman F Rahman can bring in a foreign lawyer as an observer, prosecutor says

Salman F Rahman, an accused in a crimes against humanity case over the July uprising and a former adviser to former prime minister Sheikh Hasina, can appoint a foreign lawyer as an 'observer', International Crimes Tribunal prosecutor Gazi Monawar Hussain Tamim has said.

Speaking to journalists at the tribunal on Sunday afternoon, he said a foreign lawyer could stay in the tribunal as an 'observer' and assist his lawyer in conducting the trial.

The defence side, however, has said it does not want an 'observer'; it wants to appoint a foreign lawyer directly.

Earlier on Sunday, the accused Salman F Rahman spoke in the tribunal with its permission. He said he wanted justice.

He applied to the tribunal for a direction to the jail authorities to appoint a foreign lawyer. The tribunal granted that application.

He then applied to the Bar Council, through the jail authorities, seeking permission to appoint a foreign lawyer. His foreign lawyer has also applied to the Bar Council on the matter.

But the Bar Council has not yet formally informed them of anything on the matter. Through the news, however, they have learned that the Bar Council has rejected his application to appoint a foreign lawyer, although it mentioned that an observer could be brought in.

Referring to the law, Salman F Rahman said the law says permission to appoint a foreign lawyer should not be withheld without a reasonable cause. Yet the Bar Council has not even told them the reason for not giving a foreign lawyer.

He said that if the reason were given, the tribunal would see whether the reason cited for not giving a foreign lawyer was reasonable or not.

Salman F Rahman further said the prosecution was saying his trial was almost over. They had applied for a foreign lawyer earlier. Important parts such as the arguments lie ahead. The purpose of amending the tribunal law was to give the accused the opportunity to appoint a foreign lawyer. He wants a foreign lawyer during the arguments.

The tribunal's Chief Prosecutor Md Aminul Islam then spoke in the tribunal. He said the law states that the accused can appoint a foreign lawyer subject to the Bar Council's permission. And in the written application, Salman F Rahman had asked for a direction to the Bar Council to appoint a foreign lawyer on his behalf. In this case, the tribunal has no jurisdiction to direct the Bar Council.

The tribunal then said that if the law had not mentioned it, they could have considered the matter. Since the law specifically mentions it, they have no jurisdiction to give such a direction. However, they can give a direction on whether the Bar Council has decided the matter of Salman F Rahman's foreign lawyer appointment, and if so, what it has decided. Then, if aggrieved by the Bar Council's decision, there would be an opportunity to appeal.

Later, prosecutor Gazi Monawar told journalists that permission under the law was needed for a foreign lawyer to stand at the tribunal's dais and speak. But to assist a lawyer and prepare a case, no permission is needed for any person.

He said that if they really wanted to appoint a foreign lawyer, they could bring one in as an observer. As an observer, they would assist their lawyers, and their Bangladeshi lawyers would question the witnesses.